Please read these terms of sefvice carefully before using the site.
NBC Universal Television, ("NBC Universal," "we," "us") provides this site and site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions.
If you do not agree to these terms and conditions, please do not use the Site.
This Agreement is made between NBC Universal and you, as a Site visitor, and/or member ("you"). We reserve the right at any time to:
* Change the terms of this Agreement;
* Change the Site, including eliminating or discontinuing any content on or feature of
the Site or;
* Change any fees or charges for use of the Site.
Any changes we make will be effective immediately on notice, which we may give by posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
(1) Code of conduct.
While using the Site and/or Software (as defined below), you agree not to:
* Restrict or inhibit any other visitor or member from using the Site;
* Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;
* Transmit any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
* Use the Site or Software for any unlawful purpose;
* Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;
* Harvest or collect information about other Site visitors or members without their express consent; or
* Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Site or any materials that you transmit to the Site. However, you acknowledge and agree that we have the right to monitor the Site and the materials you transmit, and to disclose any information to any third party in order to operate the Site properly; to protect NBC Universal, the Site, our sponsors and our members and visitors; and to comply with any legal obligations or governmental requests. Upon our request, you agree to sign a non-electronic version of this Agreement.
Material you send to us or post anywhere on the Site, including without limitation, "fanfiction," text, artwork, graphics, photos, music or software may be used by NBC Universal or its affiliates throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable any such use. Furthermore, you acknowledge that NBC Universal is free to use any ideas, concepts, know-how, or techniques contained in any communication that you send to or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. As a general rule, we ask that you do not post any "fan fiction" or post, send or bring to our attention any other creative materials of any kind, such as stories or character ideas, screenplays, or original artwork, unless you agree to our use thereof as described above. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed independently by our professional staff might seem to others to be similar to their own creative work.
[ If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, our property. None of the Information shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, by sending us Information you grant us a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Information in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. ]
(3) Ownership and restrictions on use of materials.
The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notification requesting that the material be removed, or access to it blocked. To be effective, the notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright/. Notices and counter-notices for the Site should be sent to the site administrator at firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counternotice. Also, be aware that there can be penalties for false claims.
(4) Rules for sweepstakes, contests, and games
Disclaimer: Chiller does not warrant or make any representations of any kind or nature with respect to the Service, and Chiller does not assume or have any responsibility or liability for any claims, damages or losses resulting from your use of this Service. Neither Chiller nor any of its affiliates shall have any liability to you for use charges related to any device that you use to access the service or use and receive the Service, including, without limitation, charges for mobile phones, smart phones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
Restrictions: You may not (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) copy, reproduce, alter, modify, create derivative works, or publicly display any materials from the Service except as set forth in the license above without prior written permission from Chiller or the appropriate third party, or as permitted by applicable law; (e) alter or modify the copyright notices and any other proprietary legends that appear on the service or Materials from Chiller; or (f) access the service by any means other than through the interface provided by Chiller.
(6) Jurisdictional Issues
Unless otherwise specified, the materials in the Site are presented [solely for the purpose of promoting programs, films, products and services available in, and other uses in, the United States, its territories, possessions and protectorates.] We control and operate the Site from within the State of New York, United States of America. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by notifying us and ceasing all use of any of the NBC Universal Sites. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you may not make any further use of any of the NBC Universal Sites or any materials obtained from the sites (unless and until you agree to be bound by the then-current applicable Terms of Service).
The materials on the site, any product or service obtained through the site, and the software are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, NBC Universal and its affiliates, suppliers, and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
NBC Universal and its affiliates, suppliers, and agents do not warrant that your use of the site or the software will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server that makes it available) or software are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume total responsibility and risk for your use of the site and the software and your reliance thereon. No opinion, advice, or statement of universal or its affiliates, suppliers, or agents, whether made on the site, in the software, or otherwise, shall create any warranty.
There are a number of places on the Site where members of the public can post comments or contribute content. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site by third parties. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by these statements or your reliance on such information obtained through the Site.
A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such an inaccuracy arises, please inform us at email@example.com, so that we can try to correct it.
The Web site contains links to the third-party sites which are not under the control of NBC Universal, and NBC Universal is not responsible for the content on any linked site. If you access a third-party site from our site, then you do so at your own risk. NBC Universal provides links as a convenience and the inclusion of the link does not imply that NBC Universal endorses or accepts any responsibility for the content on those third-party sites.
(9) Limitation of liability
Neither NBC Universal nor its suppliers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or content contained on the site, the software, or any product or service purchased through the site. Your sole remedy for dissatisfaction with the site, the software, and/or content contained within the site is to stop using the site and/or software, as applicable. The sole and exclusive maximum liability to universal for all damages, losses, and causes of action (whether in contract, tort (including without limitation negligence), or otherwise) shall be the total amount paid by you, if any, to access the site.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation, any violation of the Code of Conduct set forth in Paragraph 1 of Section 1; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; and/or (c) your activities in connection with the Site.
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of New York, located in New York City, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with NBC Universal's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.